What is trade secret law?
Trade secret law is the legal protection of confidential information and intellectual property from being used or disclosed without the permission of the rightful owner. In California, trade secret law is regulated by the California Uniform Trade Secrets Act, which was enacted in 1984. This law states that a trade secret is "information, including a formula, pattern, compilation, program, device, method, technique or process, that: (1) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy." Under the California Uniform Trade Secrets Act, trade secrets can include formulas, patterns, plans, processes, techniques, or other confidential information that has commercial value to a business because it is not publicly known. This means that businesses may have to take reasonable steps to protect their trade secrets, such as requiring employees to sign a confidentiality agreement and sealing away confidential documents. Those who are found to have violated trade secret law in California can be sued for damages or receive a court order to stop using or disclosing the protected information. In addition, the guilty party may be required to pay for any economic losses caused by the violation of trade secret law.
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